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Adjudication-v- Litigation

The following case demonstrates the benefits of avoiding litigation at all costs

if the case had gone thought the traditional route say with counsel and solicitors appointed by both sides and then the usual disclosure, case management hearings, and hearing before a judge the parties would have been exposed to several years of delay and costs estimated to be £200,000 plus

Mr & Mrs E Husein v Mr S Dassu (2107) Adjudication, N. A. Dight

Philip Antino acted for the respondent (Dassu) in this building dispute. The referring party (Husein) engaged the respondent to undertake significant building works to their property with a final contract sum of £138,004 plus vat. A dispute arose, the respondent made allegations of poor workmanship alluded to in a report prepared by Mr Campbell of Land Commercial Chartered Surveyors.

N.A .Dight was the adjudictaor appointed to resolve the dispute, recorded “I agree with Mr Antino’s opinion that Mr Campbells report is akin to a snagging report rather than an experts report identifying by factual evidence and expert opinion alleged defects” Mr Antino’s report had identified minor snagging items and incomplete works estimated at £6876 by way of abatement. The referring party rejected this opinion and sought £100,000. The adjudicator dismissed the claim accepting again Mr Antino’s evidence and awarded after adjustments the referring party pay to the respondent a final payment of £15,078.00. in addition the referring party were ordered to pay theadjudicators costs of paid the costs£12,602.88. From anticipating a windfall of £100,000, the Referring party (Hussein) ended up paying £28,000 plus their own costs.

Judges Comments and Opinions regarding Dr. Antino

  • The party wall world is relatively small, the stage of this world contains a number of well-known players, Mr Antino is one of these well-known players and so are his owners instructing solicitor Mr Ashley Bean of Thirsk Winton

    HHJ Bailey - [2016]
  • The Claimants have a very experienced legal team comprising Mr David Mayall of lambchambers & Mr Ashley Bean of thirsK winton and their surveyro Dr. Philip Antino. The evidence in particular of the Defendant’s plans for both the Accessway and the plans and how it impacted upon the Claimants business was important information that The Defendants ahd not provided when requested.

    HHJ Freedland QC - [2021]
  • "Mr Antino is a palpable witness, Mr Antino's explanation of the unique attributes of the "Thompson Plan" greatly assisted the Court to understand the location and extent of the claimants’ boundaries” (Best & Best v Perkins & Dennis in the County Court at Luton).

    HHJ Hildyard - [2015]
  • The appeal was a preliminary hearing of two points in respect of an Award served by Mr Antino and a surveyor appointed by Mr Antino under s.10(4) on behalf of the Building Owners the Appellants. HHJ Luba QC sitting in the Central London County Court held "In my judgment the Award is valid, the use of s.10(4) was the appropriate procedure given the Building Owners refusal to appoint a surveyor. A dispute had arisen that satisfied s.10 procedures, The Award is an impressive piece of work". Schmid v Hulls and Athananasou).

    HHJ Luba QC - [2016]
  • “Mr Antino is an acknowledged expert in the field of party wall issues.”

    HHJ Murfitt QC 2013 - [2015]
  • “I have known Philip for many years as a surveyor, he is a very good surveyor, as this book shows he is a very good author and this book can only advance his reputation”

    HHJ Philip Bartle QC - [2012]
  • “In the appeal of an ex-parte Award served by Mr Antino on behalf of the respondents, in my judgment the respondent is correct. Mr Antino’s contention that it is not a matter for negotiation directly between one surveyor and the other surveyor’s client. Since I have determined that the ex-parte Award was valid the court is still able to determine the Award and under the statutory powers to modify the Award if appropriate. I am grateful to Mr Antino suggesting that I now determine the Award issue “I accept that Mr Antino’s hourly rate is not in my judgment unreasonable. It follows that the fee set out in the ex-parte Award had been properly justified and I therefore award Mr Antino’s fees”. (Bansal v Myers Romford County Court).

    HHJ Platt - [2007]

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